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Terms & Conditions

Our terms and conditions are designed to encourage better service and compliance with anti-spam regulations. By using Email Services Corp for email marketing, you are agreeing to the following conditions, and as such, we recommend familiarizing yourself with the following topics included in this document.

Anti Spam: Email Services Corp supports permission-based emails and has a zero tolerance spam policy that we take very seriously. Your account will be terminated if email messages sent are determined to be unsolicited.

Privacy Policy: Our Privacy Policy demonstrates our firm's commitment to your privacy and the protection of your information.

End User Service Agreement: An End User Service Agreement (EUSA) is a legal contract between Email Services Corp Corporation and the end user, you, our customer. The EUSA details how the Services can and cannot be used and any restrictions Email Services Corp Corporation imposes.

Prohibited Content and Commerce: Email Services Corp prohibits the use of its Services for many types of commercial activities including pornography, hate speech and illegal products or services.

Termination Policy: At any time, for any reason, either party may cancel its services with Email Services Corp.

Anti Spam Policy
This anti-spam policy is incorporated by reference in Email Services Corp's end user services agreement ("EUSA"). All terms used herein but not otherwise defined shall have the meanings ascribed to them in the EUSA.

Email Services Corp's Services comprise primarily of commercial email deployments for customers using their supplied lists or using opt in lists provided by Email Services Corp in compliance with the federal CAN-SPAM Act of 2003. Each customer retains Email Services Corp to assist with the transmittal of content to its Recipients and receive reports of those transmittals.

Email Services Corp has a zero tolerance spam policy. Customer accounts will be terminated if supplied mailing lists result in the deployment of unsolicited email messages. Please report any suspected abuse to abuse@emailservicescorp.com. ISPs and blacklists administrators may also contact us at abuse@emailservicescorp.com. Please forward the complete email in question, including headers. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails. Email deployments will cease immediately if they are determined to be spam.

For Email Services Corp Customers
Each Email Services Corp customer must accept the EUSA prior to using the Services. As part of its agreement, each customer must agree to only send permission-based emails through lists the Customer supplies or through targeted opt-in lists purchased through Email Services Corp. "Permission-based" means that all Recipients must have opted-in to receive communications from that customer.

As a customer of Email Services Corp, you may not:

  • have a subscription form that subscribes users to an unrelated list
  • send out unrelated offers or unrelated content to your newsletter list
  • add an email address into a list without the subscriber's permission
  • email someone who has requested to be removed from your list
  • send email that violates privacy rules of children

You may:

  • send out a regular newsletter to a recipient who has opted-in to receive it
  • send out information and content to Recipients who have requested to receive content on that topic from your organization
  • send out a regular newsletter to a recipient from a targeted opt in list purchased through Email Services Corp

Policy Enforcement
Email Services Corp has a zero tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:

  • A member of our staff reviews each message sent and either will approve or reject it.
  • Any customer found to be using Email Services Corp for spam will be immediately declined from use of our Services.
  • Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.

Procedure for Handling Complaints
We have a zero tolerance spam policy. Generally, spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or who have not requested (opted-in to) your mailing. We provide Services only to those who follow our strict anti-spam policy. If you use the Services to send out emails to addresses obtained in any way other than a subscriber opting-in to your list or using our targeted opt in lists, you may incur a penalty equal to $100 (US) per substantiated incident (i.e. per email) or any greater amount that may be imposed under applicable state, federal or foreign regulations.

Procedure for Handling False Positive Complaints
We realize that it is possible for those who have subscribed to your mailings to have forgotten that they have subscribed. Upon this type of complaint, we will notify you of the complaint and explain the action taken.

In the case that a subscriber who makes a complaint did not subscribe, we will investigate the situation, and if it is determined that this is an unsolicited commercial email, we will immediately cease emailing for your account, and we will immediately contact you by email and/or phone. As soon as we hear from you and are able to verify that the subscriber was indeed an opt-in Recipient, we will resume sending email.

Effective Date: March 1, 2010
Email Services Corp Privacy Policy
This "Privacy Policy" is incorporated by reference in Email Services Corp's end user services agreement ("EUSA") and its Terms of Use. We have created this Privacy Policy to reflect our firm commitment to your privacy and the protection of your personal information. This Privacy Policy applies to information that we collect and maintain about you when you visit www.emailservicescorp.com ("Site") and when you use our Services.

What Type of Data Do We Collect?
Generally, we collect or maintain the following categories of data:

Customer Message Recipient Data: we maintain data that has been provided to us by our customers, which we refer to in this Policy as "Customer Message Recipient Data." Typically, Customer Message Recipient Data relates to individuals or entities who have opted in to receive email messages or other types of communications from our customers, and may include name, e-mail address, contact information, or other information. Under our Anti-Spam Policy, customers must obtain a recipient's consent prior to sending the recipient an e-mail through our service.

Site Data: we may use cookies, web beacons, or other automated devices to collect information about visitors to our Site and users of our services, which we refer to in this Policy as "Site Data." The Site Data we collect includes browser type, operating system and IP address, as well as information of the web pages viewed and links clicked by visitors and/or customers.

How Do We Use the Data We Collect?
We may use the information we collect and maintain, including any personal data, for the following purposes:

  • If you have provided your contact information to us, we may use such information to contact you for marketing and promotional purposes by various means, including regular mail, email or telephone.
  • To process orders, requests and payments, and to communicate with our customers about their accounts or any requests, orders or payments.
  • To provide requested services to our customers. The services we provide to our customers may include certain marketing and promotional services, including sending or facilitating the delivery of communications on behalf of and at the request of our customers. In such cases, our customers are responsible for the content of such communications.
  • To respond to any inquiries submitted to us and to provide technical support to customers and Site visitors.
  • To better understand how users access and use our Site and services, both on an aggregate and individualized basis, for the purposes of improving our Site and services and responding to customer and visitor desires and preferences; and
  • To detect violations of applicable policies. For example, we may use automated filters to screen the content of e-mails sent on behalf of our customers in order to restrict the sending of prohibited content. We may also track or screen certain e-mail activities, such as the receipt of returned e-mails, to detect and prevent illegal spamming activities.

How Do We Disclose the Data We Collect?
We do not sell, rent or trade personal information, whether Customer Information or Customer Recipient Data, without prior consent. We may however, disclose the information we collect or maintain, including personal information, without prior consent as described below:

  • Business Transfers: If we are acquired by or merged with another company, if part or of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the personal information we have collected to the acquiring company or entity. You will be notified via email or prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
  • In Response to Legal Process. We may also disclose the information we collect in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Email Services Corp and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of this Policy, our Terms & Conditions, our Anti Spam Policy, or our End User Service Agreement.

Why Do You Receive Emails?
If you received one or more marketing or promotional e-mails ("commercial e-mails") from us, it means that a) your email address is on our list of customers, trial users or prospective customers; or b) you have provided us your email address so that we could contact you. If you believe you received an email from us in error, please contact us immediately at abuse@emailservicescorp.com.

Our customers may also use Email Services Corp to send commercial e-mails to users who have opted-in to receive such e-mails. According to Email Services Corp's Anti-Spam Policy, we will not send unsolicited marketing or promotional e-mails on behalf of our customers without required opt-in consent from a recipient, prior to sending a commercial e-mail to the recipient's e-mail address. If you believe you have received an e-mail from us in error or in violation of our Anti-Spam Policy, please contact us immediately at abuse@emailservicescorp.com.

How Can You Stop Receiving Emails?
Each commercial email we send to you contains an unsubscribe link through which you may easily opt-out of receiving future commercial emails from us. If you do not wish to receive additional commercial emails from Email Services Corp, simply click the unsubscribe link and follow the instructions to unsubscribe your e-mail address or to change your preferences about the types of e-mail we send you.

Similarly, each commercial e-mail sent by us on behalf of our customers through Email Services Corp's Services contains an unsubscribe link. Simply click on that link and follow the instructions to unsubscribe your e-mail address.

If you have unsubscribed but continue to receive e-mail from us or from one of our customers, you may report this to abuse@emailservicescorp.com. Please note that unsubscribe requests may take up to 7 - 10 days to process.

How Do We Secure the Personal Data We Collect?
We use commercially reasonable technical, administrative, and physical security measures to protect against the loss, misuse and alteration of data that we collect or maintain. No data security measures, however, can guarantee 100% security all of the time. While we strive to protect your data from unauthorized use or disclosure, and will make every effort not to share or disclose any opt-in email recipient information you provide to us, Email Services Corp does not warrant or guarantee the security of the data that you provide to us.

If you have any questions about security on our site, please email us at abuse@emailservicescorp.com

What About Third Party Websites?
We may from time to time on the Site provide links to third party websites. We are not responsible for the privacy practices or the content of any third party websites. Customers and visitors who link to other third party websites from the Site should check the privacy and security policy statements of such third party websites to understand the policies and practices of such third party websites as we are not responsible for those policies and practices. Customers and visitors who access a linked site may be disclosing their private information to the owner of such third party websites. It is your responsibility to keep such information private and confidential.

How Do We Use Tracking Technologies?
We may use or engage others to use clear gifs to track Email Recipient activity. In addition, we may combine the Site Data we collect with the other data we collect.

Clear Gifs (Web Beacons/Web Bugs):
We use clear gifs in our HTML-based emails for reporting purposes. They let us know which emails have been opened by recipients, allowing us to gauge the effectiveness of certain communications and marketing campaigns. For information on how to opt-out of receiving marketing e-mails from Email Services Corp, please see the section "How to Stop Receiving E-mails" above.

What About Children Under 13?
Our Site and Services are not intended to be used by children under 13 years old. We do not knowingly collect personal information from, or target our Site or services to, children under the age 13. In accordance with the Children's Online Privacy Protection Act of 1998, if we discover that a child under 13 has provided us with personal information, we will remove it from our systems immediately.

How Do You Submit a Question or Complaint?
If you have any questions or complaints about your account, this Privacy Policy or our practices, or how we use the data we collect and maintain in the course of providing our services, please contact us at customercare@emailservicescorp.

How Will We Notify You of Privacy Policy Changes?
We may update this privacy statement to reflect changes to our practices. If we make any material changes we will notify you by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Contact Us
Email Services Corp
Box 563 Village Station
New York, New York 10014

End User Services Agreement
PLEASE REVIEW THIS END USER SERVICES AGREEMENT (THIS "AGREEMENT") CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "CUSTOMER") AND EMAIL SERVICES CORP ("EMAIL SERVICES CORP" OR "WE") WITH RESPECT TO YOUR USE OF EMAIL SERVICES CORP'S EMAIL SERVICES (THE "SERVICES"). BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.

1. Services. The Services assist customers to distribute electronically customer-created content to customers' lists of subscribers, each of whom must have consented previously to the receipt of such content, or to targeted lists of opt-in recipients provided by Email Services Corp ("Recipients"). Customers retain Email Services Corp to assist with the transmittal of content to its Recipients and receive reports of the transmittal. The Services comprise primarily of a web-based email platform through which such content is delivered. In all cases, Email Services Corp simply acts as agent for Customer with its authorization. Customer agrees that the Services are used only for Customer's business purposes. If Customer does not intend to use the Services for business purposes, Customer must contact us at customercare@emailservicescorp.com.

2. Site and Policies. During the Term (as defined below) and subject to the terms and conditions set forth herein and in any guidelines, rules or operating policies that Email Services Corp may establish and post from time to time on www.emailservicescorp.com (the "Site"), including, without limitation, Email Services Corp's anti-spam policy, privacy policy and prohibited content and commerce statement, each of which is incorporated herein by reference (collectively, the "Policies"), Email Services Corp agrees to use commercially reasonable efforts to provide Customer with the Services. From time to time, Email Services Corp may modify the terms and conditions set forth in this Agreement and/or in the Policies. All such changes shall become effective once posted on the Site, and Customer's use of the Services thereafter shall be subject thereto. In the event of any conflict between any term or condition set forth in this Agreement and in a Policy, the former shall govern. Customer agrees that its purchase of the Services is neither contingent upon the delivery of any future Services, nor is it dependent upon any oral or written comments made by Email Services Corp with respect to future Services.

3. Purchase. Pricing for the Services is based upon a set pricing framework where the Customer chooses to purchase individual services for one time use as indicated on the site or in a negotiated sales order, as the case may be (in either case, the "Sales Order"). To request Services, Customers should contact Email Services Corp at customercare@emailservicescorp.com or 646-348-4070.

4. Fees and Payment. In consideration for the Services to be provided by Email Services Corp, Customer agrees to pay the full invoiced amount for the Services rendered on a one-time use basis. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked. Payments for Fees and reimbursements for expenses, if any, will be billed monthly and will be due immediately upon receipt of invoice; or may be pre-paid in advance; or otherwise may be paid pursuant to the terms set forth in the Sales Order. The Fees shall include all applicable foreign, federal, state and local taxes payable with respect to this Agreement. If Customer is paying for the Services by credit card and such credit card is declined, Email Services Corp will send Customer notice thereof to Customer's email address on record. Any payment due and not received by Email Services Corp by the due date may be subject, at Email Services Corp's sole discretion, to a late fee equal to 1.5% (or the maximum rate permitted by law) of the amount then due, for each month overdue until paid in full. In the event Customer fails to make timely payments when due, Email Services Corp may, at its election, discontinue, terminate or suspend the Services, without incurring any liability to Customer. Despite any such discontinuation or suspension, Customer acknowledges and agrees that it will be required to pay the Fees due until this Agreement is terminated in accordance with the termination provisions set forth herein. For amounts outstanding after ninety (90) days from its receipt of the invoice therefore, Customer shall be responsible for and agrees to pay reasonable costs and expenses of collection, including, but not limited to, court and attorneys' fees and expenses. From time to time, and at any time, Email Services Corp may require reasonable credit guarantees before continuing its provision of the Services hereunder.

5. Customer's Recipient Data. In offering the Services, we may collect personal information about Recipients. Email Services Corp will not own any data, information or material that Customer submits to Email Services Corp in connection with the Services ("Customer Recipient Data"). Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Recipient Data, and Customer is responsible for maintaining, securing and storing all Customer Recipient Data in accordance with applicable law. Upon any termination or expiration of this Agreement and Customer's payment of all unpaid and outstanding Fees, and Customer's written request received by Email Services Corp within thirty (30) days of such expiration or termination, Email Services Corp will provide Customer with an electronic file of the Customer Recipient Data. Customer acknowledges and agrees that after the thirtieth (30th) day following any such termination or expiration, Email Services Corp has no obligation to retain the Customer Recipient Data and may delete and destroy such Customer Recipient Data without providing Customer with notice of such deletion. Email Services Corp will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Recipient Data.

6. Customer Information. Email Services Corp collects certain personal and business-related information about its Customers, which generally includes, but is not limited to, contact information and payment information (the "Customer Information"). Email Services Corp collects such information in order to provide the and related technical support. If you have provided your Customer Information, Email Services Corp may contact you for marketing purposes by various means, including, but not limited to, regular mail, email or telephone.

7. Data Disclosures. Except as otherwise set forth herein, Email Services Corp does not disclose, sell or rent Customer Recipient Data or Customer Information (collectively, the "Data"), without Customer's prior consent or unless required by order or other requirement of a court, administrative agency, or other governmental body or applicable law. Customer expressly permits Email Services Corp to disclose the Data to: (i) Email Services Corp personnel who access and manage the Data in connection with the Services; (ii) service providers for purposes of providing functions or services related to the Services and Email Services Corp's customers' accounts; and (iii) Email Services Corp marketing partners through which Customer purchased the Services, if any. Except as otherwise set forth herein, Email Services Corp will not provide any Data to any third party without Customer's authorization and will use commercially reasonable efforts to prohibit any third party that receives any such Data from selling or redistributing such Data without Customer's authorization.

8. Passwords. In connection with Email Services Corp's provision of the Services, if necessary, Email Services Corp will send to Customer's email address (as designated by Customer at the time an account is established), information such as passwords which will enable Customer to access the Services (the "Passwords"). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Email Services Corp promptly if there is a loss or compromise of any Passwords and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer's negligence or intentional misconduct. Any unauthorized use of the Passwords by Customer will constitute a material breach of this Agreement.

9. Proprietary Rights. This is an agreement for services and Customer is not granted any license hereunder. All software used to provide the Services and in any applications developed, owned or controlled by Email Services Corp (as applicable) (the "Software"), and the Services, are and shall remain the sole and exclusive property of Email Services Corp. Accordingly, Customer acknowledges that, as between Email Services Corp and Customer, Email Services Corp owns all right, title and interest in and to the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Services or any Software associated with providing the Services.

10. Use of Services. Customer acknowledges and agrees that it will use the Services solely for Customer's "internal business purposes" by Customer's employees or by independent contractors hired by Customer. For the avoidance of doubt, the term "internal business purposes," as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (iv) use the in any other manner which violates any Policy or any applicable law. Customer agrees to report immediately to Email Services Corp, and to use best efforts to stop immediately, any violation of the terms and conditions set forth in this Section 10 or in any of the Policies. In the event of any suspected violation of any term, condition or restriction set forth in this Section 10 or in any Policy, or in the event Email Services Corp otherwise reasonably objects to any inappropriate or improper content uploaded by Customer in connection with its use of the Service, Email Services Corp may immediately disable Customer's access to the Services and suspend its provision thereof.

11. No Tampering. Each email message that is sent using the Services must contain an "unsubscribe" link that allows Recipients to remove themselves from Customer's mailing list. Customer agrees that it will not remove, disable, modify or attempt to remove, disable or modify either link. Further, each such email message may contain an automatic identifying footer such as "Powered by Email Services Corp." Except as otherwise expressly permitted in writing by Email Services Corp, Customer agrees that it will not remove, disable or modify or attempt to remove, disable or modify such footer should one be used.

12. Confidential Information. Each of Email Services Corp and Customer, as a Receiving Party (as defined below), will hold confidential, not use except as otherwise authorized herein, and protect from disclosure to unauthorized third parties the Confidential Information (as defined below) of the Disclosing Party (as defined below). For purposes hereof, "Confidential Information" means any information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that relates to such Disclosing Party's business affairs, internal operations, personnel, subscribers, customers, financial matters, technology, research and development, product plans or offerings, markets, or know-how. Confidential Information will not include information that: (i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by the Receiving Party; (ii) was in the Receiving Party's possession prior to receipt of the same hereunder, as evidenced by the Receiving Party's prior written records; (iii) was received from a third party who was not known by the Receiving Party to be under any obligation of confidentiality with respect to such information or to have violated any applicable law; (iv) can be proven by competent written evidence to have been independently developed by the Receiving Party; or (v) is approved in writing for release by the Disclosing Party. For purposes hereof, Customer Recipient Data and Customer Information are considered Customer's Confidential Information. Nothing set forth herein shall be construed to prohibit Email Services Corp from disclosing Customer's Confidential Information to any third party that has a need to know such information in connection with its performance of the Services. From time to time, Email Services Corp may be required to disclose Customer's Confidential Information by order or other requirement of a court, administrative agency, or other governmental body or applicable law, as determined by Email Services Corp or its legal counsel. In such event, Customer hereby permits Email Services Corp to disclose such information to the extent necessary to comply with such order or legal requirement, which disclosure shall not be construed as a breach of this Section 12.

13. Content Disclaimer E-mail messages are distributed using Email Services Corp’s Services by sources that are not under Email Services Corp's control. Email Services Corp does not control, or guarantee the information contained in these e-mail messages, and does not endorse any views expressed within these e-mail messages. In no event shall Email Services Corp be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information.

14. Representations, Warranties and Covenants. Customer represents, warrants and covenants to Email Services Corp that: (i) if an individual, Customer is at least eighteen (18) years old; (ii) if an entity, it is a company duly organized and validly existing in good standing under the laws of the state in which it was organized; (iii) it has full power and authority to enter into this Agreement, which constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms hereof; (iv) all information provided by it in the Sales Order and that will be provided it during the term of this Agreement, is and will be truthful and accurate; (v) its use of the Customer Recipient Data, the Services including, without limitation, its right to email Recipients, is and will at all times be in accordance with the terms and conditions set forth in this Agreement, the Policies and all applicable laws, rules and regulations, and without infringement or misappropriation of any intellectual property right or other right of a third party; and (vi) neither Customer nor any of its officers, directors or personnel is located in a United States embargoed country, or is, or has been, named on the United States Treasury Department's listing of specially designated nationals and blocked persons or is, or has been, otherwise blacklisted by any instrumentality of the United States.

15. Third Party Products and Services. From time to time, certain third parties may offer products and services related to the Services. Any subsequent business relationship, exchange of data or other interaction between Customer and such a third party, and/or any purchase, download or use by Customer of any product or service offered by such third party, is solely between Customer and such third party. Regardless of any recommendation by Email Services Corp or use of such third party products or services, Email Services Corp does not make any representations, warranties or guarantees with respect to any such third parties or any of their products or services. While Email Services Corp may rely on data or information provided or generated by such third party products and services in the course of providing the Services, Customer hereby acknowledges that Email Services Corp specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agrees that Email Services Corp shall not be liable for any acts or omissions based on its reliance thereon. Accordingly, Customer hereby releases and holds harmless Email Services Corp from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys' fees) and/or actions arising therefrom.

16. Open Source Software. Customer acknowledges and understands that certain open source code may be incorporated into the Services (the "Source Code"). Except as otherwise set forth in the applicable Source Code license therefore, the Source Code is provided "as is," and without representation or warranty of any kind. Customer hereby releases and holds harmless Email Services Corp from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys' fees) and/or actions arising therefrom.

17. Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMAIL SERVICES CORP AND ITS AFFILIATES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "REPRESENTATIVES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES. THE REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES.

18. Limitation of Liability. IN NO EVENT WILL EMAIL SERVICES CORP OR ANY REPRESENTATIVE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF EMAIL SERVICES CORP OR ITS REPRESENTATIVE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL EMAIL SERVICES CORP OR ANY REPRESENTATIVE'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT, THE SERVICES EXCEED THE ACTUAL FEES CUSTOMER PAID TO EMAIL SERVICES CORP FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM, LOSS, OR DAMAGE. No claim may be asserted by Customer against Email Services Corp more than three (3) months after the date of the cause of action underlying such claim. In the event of any failure, or Email Services Corp's non-provision of the Services, Customer's sole and exclusive remedy shall be for Email Services Corp to use commercially reasonable efforts to repair or provide the Services.

19. Indemnification. Customer agrees to indemnify, defend and hold harmless Email Services Corp, the Representatives, and its and their respective affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys' fees) and/or actions arising from: (i) Customer's acts or omissions; (ii) Customer's violation of any applicable law, including, without limitation, the United States CAN SPAM Act or the Policies; (iii) Customer's breach of any term or condition set forth in this Agreement (including in the Policies); (iv) Customer's breach of any of its representations or warranties set forth herein; and/or (v) Customer's infringement or misappropriation of any intellectual property rights or other rights of any person or entity.

20. Term and Termination. The Services will be billed on an individual, one time basis with no further obligations. At any time, either Customer or Email Services Corp may terminate this Agreement for any reason. If Customer desires to terminate this Agreement, Customer may request a termination by calling Email Services Corp at 646-348-4070, Monday through Friday, between the hours of 8:00 a.m. (EST) and 8:00 p.m. (EST) (a "Valid Termination Notice"). Customer acknowledges that allowing a credit card to expire or failing to submit payment by check does not constitute a Valid Termination Notice. Email Services Corp may terminate this Agreement immediately effective upon delivery to Customer of notice thereof. Such right to terminate this Agreement shall include Email Services Corp's right to terminate its provision of the and to pursue all available equitable and legal remedies (in the event Customer breaches any term or condition, or any of its representations or warranties set forth herein). Upon termination of this Agreement for any reason, all Customer Recipient Data may be destroyed and deleted in accordance with the terms and conditions set forth in this Agreement. Notwithstanding any termination or expiration of this Agreement, Customer will remain obligated to pay Email Services Corp any fees that were incurred prior to (and on) the effective date of such termination or expiration, as the case may be.

21. Governing Law. This Agreement will be governed by the laws of the State of New York as applied to agreements entered into and performed entirely within the State of New York, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction.

22. Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in New York, New York. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Email Services Corp shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of New York, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.

23. Relationship. This Agreement does not create a partnership, joint venture or agency relationship between Email Services Corp and Customer. Customer does not have any right, power, or authority to act as a legal representative of Email Services Corp.

24. Assignment. Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of Email Services Corp. Any such transfer, assignment, sublicense or delegation without consent will be null and void.

25. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.

26. Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.

27. Entire Agreement. This Agreement and the Policies constitute the entire agreement and understanding between Email Services Corp and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the Email Services Corp and Customer, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance and termination of this Agreement. At any time prior to, or during, its use of the Services, Customer may enter into certain other agreements with Email Services Corp which are subject, expressly or otherwise, to the terms and conditions set forth in this Agreement. In the event of any conflict between a term or condition set forth therein and herein, the term or condition which most favors Email Services Corp, as determined by Email Services Corp, shall govern.

28. No Waivers. Email Services Corp's failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.

29. Notice. Email Services Corp may provide Customer with general notice by electronic mail to Customer's e-mail address of record, or by written communication sent by first class mail or pre-paid post to Customer's address of record, or to such other address designated by Customer and communicated to Email Services Corp in accordance with the notice delivery provisions of this Section 29. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, Customer must give notice to Email Services Corp (such notice shall be deemed given when received by Email Services Corp) by using one of the following means: (i) letter delivered by a nationally recognized overnight delivery service; or (ii) by first class postage, return receipt requested, prepaid mail to Email Services Corp; in either event, to the following address: Email Services Corp; Box 563 Village Station; New York, NY 10014. Notwithstanding the foregoing, Customer must adhere to the terms and conditions set forth to provide Email Services Corp with notice of its intention to terminate this Agreement. Either Customer or Email Services Corp may designate a different mailing address for notice delivery by providing the other party with such different address in accordance with the notice delivery provisions of this Section 29.

30. Miscellaneous. Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by Email Services Corp. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended third party beneficiaries.

Prohibited Content and Commerce Statement
This prohibited content and commerce statement is incorporated by reference in Email Services Corp's end user services agreement. Email Services Corp expressly prohibits the use of Email Services Corp's Services by any party that engages in, or posts on its website content that relates to, the provision, distribution, display, performance, solicitation, disclosure and/or sale or rent of (as applicable) any of the following ("Prohibited Content"):

  1. pornography, adult entertainment, nudity, prostitution or escort services; online gambling; federally regulated or otherwise illegal drugs or narcotics, or paraphernalia associated therewith; illegal or unlawful goods or services; act(s) of violence or commission(s) of crimes or illegal activities; products or services from an embargoed or blacklisted country, individual or entity; stolen goods; libelous, defamatory, scandalous, threatening or harassing acts; pirated computer programs; counterfeit or fraudulent products; instructions on how to assemble or otherwise make any weapon including bombs, grenades or firearms;
  2. content or material that exploits or is harmful to children under 18 years of age;
  3. any personally identifying information or private information;
  4. content that is: unlawful; grossly offensive, including expressions of bigotry, discrimination, prejudice, racism, hatred or excessive profanity; or obscene, lewd, lascivious, filthy, malicious, libelous, defamatory, excessively violent, defamatory, threatening, harassing or otherwise morally objectionable;
  5. viruses, worms, harmful or malicious code and/or Trojan horses;
  6. any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence; and
  7. content that violates or misappropriates any third party intellectual property, moral or privacy right.

As always, sending unsolicited commercial email or "Spam" is forbidden. See our EUSA and our Anti-Spam Policy for details. Content may be deemed Prohibited Content by Email Services Corp, in its sole discretion. In its sole discretion, Email Services Corp reserves the right to prohibit the use by any party of Email Services Corp's Services.
This document may change from time to time. Please contact Email Services Corp at customercare@emailservicescorp.com with any questions about whether you or your company can use Email Services Corp's Services.

Termination Policy
Pursuant to Section 20 of the EUSA, at any time, either party may terminate Customer's Email Services Corp account for any reason. Customer may request a termination by calling 646-348-4070, Monday through Friday, between the hours of 8:00 a.m. (EST) and 8:00 p.m. (EST).
Notwithstanding any termination of this Agreement, Customer will remain obligated to pay Email Services Corp any fees that were incurred prior to (and on) the effective date of such termination.

Credit Card Expirations or Declines
Please note that allowing a credit card to expire or failing to submit payment by check regardless of invoice receipt status will not automatically cancel your account. We may send notice to the email on record if your credit card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within ninety (90) days.

Retrieving your Data After your Account has been Terminated
Upon any termination of your account, and your payment of all unpaid and outstanding Fees and your written request received by Email Services Corp within thirty (30) days of such termination, Email Services Corp will provide you with an electronic file of the Customer Recipient Data. You acknowledge that after the thirtieth (30th) day following any such termination, Email Services Corp has no obligation to retain the Customer Recipient Data and may delete and destroy such Customer Recipient Data without providing you with notice of such deletion.

How to Contact Us
Should you have other questions or concerns about these policies, please contact EMAIL SERVICES CORP at (646) 348-4070 or email customercare@emailservicescorp.com


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To get your email marketing campaign started today call (646) 348-4070 or email customercare@emailservicescorp.com

EMAIL SERVICES CORP | Box 563 Village Station | New York, NY 10014 | T (646) 348-4070 | F (646) 349-1186
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